The income attributable to the operations of developing/producing breeder seeds or hybrid germplasm or parent hybrid seed containing desired traits cannot be treated as agricultural income and should be treated as business income.
It depends on the facts of each transactions, whether the letting out of the property is incidental and subservient dominant object of selling the property or not. If the property has merely been let out b> the assessee then the same cannot be held to be exploitation of the property for commercial purpose in view of the decision of the Hon’ble Shambhu Investment (supra). We. therefore, restore this issue to the file of the AC) for fresh consideration in the light of aforementioned observation.
Thus we find, if the functional test for a plant enunciated by Apex Court and jurisdictional court in their decisions referred to supra is applied to the facts of the present case, we have no hesitation in holding that roads, flyovers bridges etc., constructed and owned by the assessee and utilised in its business of
Preparations for Finance Minister Pranab Mukherjee’s second full Budget under the Manmohan Singh government should be an area of interest for a variety of reasons. His first Budget was presented in July 2009 under trying circumstances, with the Indian economy struggling hard to tide over the impact of a global economic downturn. His second Budget, to be presented in less than eight weeks from now, will have a different set of challenges.
Notification No. 02/2010 – Central Excise (N.T) – Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 25/2005-Central Excise (N.T), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.305(E) dated the 13th May, 2005, namely:-
Notification No. 01/2010 Central Excise (N.T.) In exercise of the powers conferred by sub-section (1B) of section 35B of the Central Excise Act, 1944 (1 of 1944), the Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 24/2005-Central Excise (N.T.), published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R. 304(E), dated the 13th May, 2005, namely:- In the said notification, in the Table, against serial number 22, in column (3), for the word ‘Valsad’ , the word ‘Vapi’ shall respectively be substituted.
Himachal Pradesh chief minister Prem Kumar Dhumal on Monday said commerce and industry minister Anand Sharma has recommended extending special industrial package to the state up to 2013. Dhumal met Sharma on Monday to lobby for the extension of tax benefits enjoyed by industrial units in the state, which was to expire on March 2010.
It is, therefore, advised that all AIFIs should also follow extant guidelines on `Prudential Norms on Creation and Utilization of Floating Provisions’ issued to banks. Accordingly, we advise that guidelines issued to banks vide our circular No. DBOD.BP.BC.89/ 21.04.048/ 2005-06 dated June 22, 2006 and circular No. DBOD.BP.BC.68/ 21.04.048 / 2006-07 March 13, 2007 (copy enclosed) shall mutatis mutandis apply to AIFIs.
Writing off the Inputs and Capital Goods for the stock account purpose in the books of accounts and reversal of CENVAT Credit has always been a matter of dispute between the assessees and the departmental authorities. This issue was clarified with the introduction of the Circular No. 645/36/2002-CX.,dated 16-7-2002 which has been explained in detail in this article. This issue was there, as it is. unresolved in its entirety and a new issue arose relating to the CENVAT burden in case of “Writing Off” of WIP and Finished goods in books of accounts. We in this article have made an endeavor to elucidate the issues relating to such “writing off” of value of goods and the CENVAT burden thereon.
In order to attain uniformity in procedures, the departmental officers have been instructed to issue Tax Clearance Certificate under the Maharashtra Value Added Tax Act, 2002 in the prescribed format. Further, format of the Profession Tax Clearance Certificate has also been prescribed.
